Burdict v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. James Gibson, Judge. (1) Actionable negligence is the inadvertent failure of a legally responsible person to use ordinary care under the circumstances, in endeavoring to perform a noncontractual duty implied by law, which failure is the proximate cause of injury to the person to whom the duty is due. 16 Am. and Eng.
Read the full summary
Appeal from Jaclcson Circuit Court. — Hon. James Gibson, Judge. (1) Actionable negligence is the inadvertent failure of a legally responsible person to use ordinary care under the circumstances, in endeavoring to perform a noncontractual duty implied by law, which failure is the proximate cause of injury to the person to whom the duty is due. 16 Am. and Eng. Encyclopedia of Law, p. 389; Bishop on Noncontract Law, sec. 436; Wharton on Negligence, sec. 3; Shearman & Red-field on Negligence, sec. 3. (2) There can be no negligence in the absence of a legal duty due from one person to another.…
1Dissent
Barclay, J. (dissenting).
— Some of the rulings in the opinion delivered by my learned colleague, Chief Justice Black, are of far reaching importance to the people of Missouri. They seem to me, with due respect, in direct conflict with the constitution, which declares that the right of trial by jury shall remain inviolate, as it existed when the fundamental law was adopted in 1875. Const. 1875, art. 2, sec. 28.
T. The right to a jury trial in ordinary actions has been supposed to be guaranteed to our citizens *244from a very early date. Const. 1820, art. 13, sec. 8; Const. 1865, art. 1, sec. 17.
At…
2Cases cited41 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Gregory v. ChambersSupreme Court of Missouri · 1883
36 more not listed; retrieve them via the Exa API.